Appeal No. 96-2562
Application 08/214,858
Claim 1 is representative of the subject before us
on appeal, and reads as follows:
1. A detachable embolic coil comprising a coil with
a diameter and further having a proximal and a distal end and
having a radially enlarged ball member larger than said coil
diameter fixedly attached to one of said ends.
The sole prior art reference of record relied upon
by the examiner as evidence of obviousness of the claimed
invention under 35 U.S.C. § 103 is:
Marks 5,217,484 June 8, 1993
In addition to the foregoing prior art, the examiner
has also relied upon appellants' prior U.S. Patent No.
5,350,397, issued September 27, 1994, in a double patenting
rejection.
Claims 1, 3 through 5 and 14 through 16 stand re-
jected under 35 U.S.C. § 103 as being unpatentable over Marks.
Claim 1, 3 through 5 and 14 through 16 stand addi-
tionally rejected under the judicially created doctrine of
3
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